Thermal Insulation is a Legal Obligation
According to the Energy Efficiency Law No. 5627 and the Regulation on Energy Performance in Buildings issued in accordance with this law, as of January 1, 2011, it has become compulsory to issue an Energy Identity Certificate for all buildings with a construction area over 50 m². Failure to obtain an Energy Performance Certificate has brought with it many new sanctions and financial burdens, making thermal insulation compulsory. As follows: Article 7 F/1/d of the Energy Efficiency Law No. 5627 makes the Energy Performance Certificate compulsory and leaves the procedures and principles regarding the implementation to the Regulation on Energy Performance in Buildings. Article 7 F/1/d of the Energy Efficiency Law No. 5627) An energy identity certificate is issued within the scope of building projects prepared according to the regulation to be put into effect by the Ministry of Public Works and Settlement. In the energy identity certificate, information on the energy requirement of the building, insulation properties, efficiency of heating and/or cooling systems and energy consumption classification of the building shall be included as a minimum. Other information to be included in the certificate and the procedures and principles regarding the renewal of the certificate and the implementation including the existing buildings shall be determined by a regulation to be prepared jointly with the Ministry and put into force by the Ministry of Public Works and Settlement.
JACKETING LAW
According to the Regulation on Energy Performance in Buildings, the Energy Performance Certificate is a document that contains, as a minimum, information on the building’s energy needs, energy consumption classification, insulation properties and the efficiency of heating and/or cooling systems. Thus, it shows the Energy Performance of the building to which it is issued. According to the Energy Performance Certificate, all buildings receive an Energy Class between the letters A and G. A means efficient building and G means inefficient building. A building that fully meets the required construction and insulation standards will receive energy class C. Energy Identity Certificate is mandatory for new buildings as of January 1, 2011 As of January 1, 2011, it has become mandatory to issue Energy Identity Certificate for new buildings in Turkey in order to obtain building use permits. In order to issue an Energy Identity Certificate for newly constructed buildings, the building must have been constructed in such a way that it meets the construction and insulation standards required by the Regulation on Energy Performance in Buildings. In other words, the energy class of newly constructed buildings must be maximum C. Otherwise, since the Energy Performance Certificate cannot be issued, no occupancy permit can be obtained. ARTICLE 5 – (1) (Amended: RG-1/4/2010-27539) In the design of new buildings, major renovation projects of existing buildings requiring project changes, mechanical and electrical installation changes, the principles stipulated in this Regulation shall be taken into consideration according to the characteristics of the building. (2) If the architectural, mechanical and electrical projects of the building, in addition to other legal regulations, do not comply with the conditions stipulated in this By-Law in terms of energy economy, the building license shall not be issued by the relevant administration. (3) If it is determined that the application is not made according to the project in accordance with the principles of this By-Law, the building shall not be issued a certificate of occupancy by the relevant administration until the deficiencies detected are eliminated. Obligation of thermal insulation project, Another important issue newly introduced by the Energy Performance in Buildings Regulation is the obligation of thermal insulation project. In order to obtain a certificate of occupancy for newly constructed buildings, it is mandatory to prepare a thermal insulation project whose content is prepared in accordance with the legislation. Otherwise, the building license of the newly constructed building will not be obtained. ARTICLE 10 – (1) In accordance with the provisions of this Regulation, the “thermal insulation project” prepared by an authorized mechanical engineer according to the calculation method specified in the TS 825 standard is required by the relevant administrations together with the installation project at the stage of issuing a building license in accordance with the legislation on zoning. Existing buildings must also obtain Energy Performance Certificates by January 1, 2020 Although it has been made compulsory for newly constructed buildings in Turkey to obtain Energy Performance Certificates as of January 1, 2011, existing buildings have been given until 2020 to complete their Energy Performance Certificates. There is no energy class limitation for existing buildings. In other words, the energy class of your existing building may be below C class. According to the Regulation on Energy Performance in Buildings, if the energy class of your building is below Class C after 2020, many sanctions await the building owners.
After 2017, it will be mandatory to submit the Energy Performance Certificate for all building purchases, sales and leases. Again, thanks to the regulations to be made, buildings will be subject to taxation according to their energy classes. Buildings classified in terms of energy classes will be taxed according to their waste energy efficiency, and the highest tax will be paid according to their efficiency, with G class paying the most tax and A class paying the least tax. In addition, after 2017, it will be mandatory to submit the Energy Performance Certificate for all building purchases, sales and leases. Thus, the buyer or renter will know what the Energy Class of the building is and will be able to make their choice accordingly. This will be reflected in the demand for buildings and building prices. As a result, as of 2017, buildings without an energy identity certificate will not be able to be bought, sold and rented, and they will have to pay higher taxes. In order to avoid such a situation, it has become a necessity to have thermal insulation in our existing uninsulated buildings. ARTICLE 25 – (15) (Addition: RG-1/4/2010-27539) In the transactions and transactions related to the purchase, sale and leasing of buildings or independent sections, it is required that the energy identity certificate has been issued. At the stage of sale or lease of the building or independent section, the owner shall give a copy of the energy identity certificate to the buyer or lessee. PROVISIONAL ARTICLE 3 – (1) Energy Identity Certificate shall be issued within ten years from the date of publication of the Energy Efficiency Law for existing buildings and buildings whose construction is in progress and have not yet received a building use permit. (The publication date of the Energy Efficiency Law is 02.05.2007.) How Should the Process of Thermal Insulation Decision Making Be? During the thermal insulation applications and during the payment process, consultancy in all legal processes related to the Condominium Ownership Law (PBL) and contract law is carried out free of charge by Santaş İzolasyon. Our company lawyers manage all legal support that the housing management may need regarding the contract and decision book, as well as the follow-up of the residents who may have problems during the insulation process. Considering the housing managers who have suffered from insulation applications, the legal consultancy service ensures that the process is carried out in a healthier way and eliminates the negativities that may occur after the application by eliminating common situations such as wrong decision-making. Santaş Isolation is based on the principle that the relations between the management and the residents are not harmed with these services, which are examples of the most innovative solutions. LEGAL PROCEDURES TO BE FOLLOWED WHEN THE HEAT INSULATION DECISION IS TAKEN
1- DO YOU HAVE A LEGALLY VALID APPOINTED MANAGER OR BOARD OF DIRECTORS ? If your answer is Yes, skip to question 2.
If your answer is No, appoint a valid Manager or Board of Directors according to the PFM by taking into account the principles mentioned below. According to the PFD, the condominium owners may assign the management of the main real estate to a Manager or a Board of Directors of three persons to be elected from among the condominium owners or from outside. The Administrator or the Board of Directors is responsible to the condominium owners just like an agent and, as a rule, has all the rights of the agent. For this reason, he/she may make dispositions on behalf of the condominium owners in debiting or gainful transactions.
If your main real estate consists of eight or more independent sections, it is obligatory to appoint a manager. Upon the request of any Condominium Owner, the condominium owners are called to a meeting with a call. At the meeting, the Manager or the Board of Directors is appointed. The Manager or the Board of Directors is appointed by the majority of the condominium owners in terms of both number and land share. Unanimity is not required, one more than half of the votes and land share is sufficient. If the condominium owners cannot agree on the management of the main real estate, or if they cannot meet and appoint an administrator, an administrator shall be appointed to the real estate by the court of peace of the place where that real estate is located, upon the application of one of the condominium owners. This administrator has the same powers as the administrator appointed by the condominium owners. 2- HAVE YOU HELD A VALID BOARD OF PROPERTY OWNERS MEETING? If your answer is Yes, skip to question 3.
If your answer is No, hold a valid Board of Condominium Owners meeting according to the PFD by taking into account the principles mentioned below. Calling a meeting of the Board of Condominium Owners is among the duties of the Administrator. The board of condominium owners convenes not less than once a year at the times specified in the management plan. If such a time is not specified, it convenes every year in January. In collective buildings, the boards shall convene not less than once in two years at the latest, at the times shown in the management plans. If no such time is specified, they shall convene in January of the second year. In case of an important reason, the board of condominium owners may convene at any time upon the request of the manager or the auditor or one third of the condominium owners, and provided that the reason for the meeting is also notified by a Call Paper or a Registered Letter with Return Receipt to be signed by all condominium owners at least fifteen days before the requested date for the meeting. For a valid Call, a Call Sheet containing the names and apartment numbers of the condominium owners must be prepared and the signatures of the condominium owners indicating that they are aware of the meeting must be obtained next to the section with their names. For a valid Call, a Registered Letter with Return Receipt should be sent to the floor owner who cannot be reached, stating where and on what date the meeting will be held. The Registered Letter with Return Address shall be sent to the address notified by the condominium owner to the Management. If the flat owner has not notified such an address, the Registered Letter will be sent to the tenant in the flat. According to the jurisprudence of the Court of Cassation, after the jacketing process, an undeniable benefit is obtained in terms of both appearance and heat and sound insulation. For this reason, the sheathing process is considered an important reason. While making the first call, it is also stated where and on what date the second meeting will be held if the quorum for the meeting is not met in the first meeting. The time to be left between the first meeting and the second meeting cannot be less than seven days. The board of condominium owners shall convene with more than half of the condominium owners in terms of number and land share and shall decide by majority of votes. If the first meeting cannot be held due to failure to meet the quorum, the second meeting shall be held fifteen days later at the latest. In this meeting, the quorum shall be the absolute majority of the participants.
In other words, the number requirement is no longer required for the second meeting to be held and a decision can only be taken with one more than half of the participants in the second meeting. 3- HAVE YOU TAKEN A LEGALLY VALID DECISION REGARDING HEAT INSULATION WORK IN THE MEETING OF THE HOUSEHOLDERS’ BOARD? If your answer is Yes, skip to Question 4.
If your answer is No, take a valid Sheathing Decision / Thermal Insulation Decision according to the PFK, taking into account the principles mentioned below. Each floor owner, regardless of the proportion of land share, has a single voting right. One of the floor owners may also use his/her vote through an authorized proxy. In this case, a copy of the authorization certificate or similar documents proving the proxy relationship between them shall be received by the Manager or the Board of Directors. One person cannot be appointed as a proxy to cast more than five percent of the votes. However, in immovable properties subject to condominium ownership with a number of forty or less, one person may act as proxy for maximum two persons. A condominium owner who has more than one apartment in the main real estate shall have a separate vote for each apartment; however, regardless of the number of apartments owned by him, the number of votes he will have cannot be more than one-third of all votes, and fractions shall not be taken into account when calculating the votes. For example, the voting right of a landlord who owns fifteen apartments in a building with thirty apartments is not fifteen votes, but one third of all votes, which is the maximum amount, i.e. ten votes. Upon the request of one of the floor owners, sheathing is made upon the decision of the floor owners with the majority of the number and land share. “In the established jurisprudence of the Court of Cassation, the sheathing process is evaluated within the scope of “beneficial change”. For this reason, the majority of votes will be sufficient, not unanimity.” At the meeting of the board of condominium owners, a decision must be taken with the majority of the number and land share regarding the contract, the selection of the company and the authorized signatory of the contract. The decisions of the board of condominium owners shall be written in a notebook with page numbers starting from 1 and going in order, each page of which is certified with a notary seal, and signed by all the condominium owners present at the meeting, and those who vote against the decision shall sign by stating the reason for this contradiction. All condominium owners and their immediate and indirect successors, managers and auditors are obliged to comply with the decisions of the Board of Condominium Owners. 4 – Has an annulment lawsuit been filed against the decision taken at the KMK meeting regarding the thermal insulation work?
If your answer is Yes, please consider the principles mentioned below. If your answer is No, according to the KMK, you are legally authorized to sign a contract with our company regarding the Thermal Insulation Work. First of all, until the annulment decision is taken from the Civil Court of Peace, all decisions of the Board of Condominium Owners are legally valid and have all kinds of Enforcement Capability. If you have taken a decision regarding the Sheathing Work from the Board of Condominium Owners meeting in accordance with the above-mentioned principles, it will not be canceled even if a lawsuit is filed. All kinds of legal support on this issue will be provided by us free of charge. Against the decisions made by the board of condominium owners, each condominium owner who voted against the decision within one month starting from the date of the decision, each condominium owner who did not attend the meeting within one month starting from the date of learning the decision and in any case within six months starting from the date of the decision, the main real estate can file an annulment lawsuit to the court of peace in the place where it is located.
5- WHAT ARE THE LEGAL CONSEQUENCES OF THE DECISION TAKEN DURING THE PACE MEETING REGARDING THE HEAT INSULATION WORK? The condominium owners are obliged to maintain the main real estate and to meticulously preserve its architectural condition, beauty and soundness. Unless otherwise agreed between them, each of the condominium owners is obliged to participate in the insurance premiums of the main real estate and the maintenance, protection, strengthening and repair expenses of all common places and other expenses such as the manager’s salary and the operating expenses of the common facilities and the advance to be collected for the expenses in proportion to its land share. The condominium owners cannot refrain from paying these expenses and advance payments by giving up their right to use the common places or facilities or by claiming that there is no need or necessity to benefit from them due to the condition of their own independent section. The Administrator or the Board of Directors makes the Sheathing Agreement on behalf of all condominium owners and all condominium owners are responsible to the Administrator or the Board of Directors. In the event that the amount per apartment is not paid by the resident of the relevant apartment after the Sheathing Agreement, a lawsuit may be filed and enforcement proceedings may be initiated by the Administrator or the Board of Directors in accordance with the management plan, the Condominium Law and general provisions. In addition, the apartment owner who fails to pay the full amount of the expense or advance payment is obliged to pay delay compensation for the days he/she delays in payment with a monthly calculation of five percent. If one of the condominium owners violates the rights of other condominium owners to the extent that it becomes unbearable for them by not fulfilling the debts and obligations that fall to him according to the Condominium Law, they may request the judge to transfer the property right on the detached section of that condominium owner to them. In the event that the amount per apartment is not paid after the Sheathing Contract made with our Company by the relevant apartment resident, if the Manager or the Board of Directors gives a power of attorney to our Company Lawyer for the unpaid amounts, the follow-up of the work will be carried out by a Lawyer and disputes that may arise can be prevented. How Should Thermal Insulation Company Preference Be Made? Thermal insulation in buildings is more important than thermal insulation, which building managers and floor owners decide together, is to decide on a professional company that can meet your expectations. The construction and insulation sector is growing day by day and it is of great importance that material producers and sheathing companies increase and this competition is reflected on building owners. Sheathing companies that think only price-oriented sheathing companies that do not comply with the standards and companies that make sheathing with low-paid application personnel who are not competent in their work cause both material and moral damage to the residents. Apartment dwellers who want to save fuel costs by insulating and live in safer and more comfortable buildings are disappointed.
SANTAŞ ISOLATION, which is the leading sheathing company of the insulation sector with its useful, aesthetic and innovative technological solutions, is a company that implements solutions in accordance with the latest technological developments of the age, taking into account the ecological structure of the environment in which it lives, realizing the appropriate materials that breathe and designing the business processes with the appropriate qualified personnel, making all the structures it touches with this unique business design more valuable and reflecting this value to its entire environment and customers. Santaş Isolation aims to offer you the comfort of life with quality work and workmanship. As Santaş Isolation, we would like to state that we will be pleased to be a business partner with you in all Turkey with the right steps and accumulated knowledge experience dominating the Çukurova and Mediterranean region, especially in Mersin, Adana, and we would like to state that we will be pleased to be a business partner with you in thermal insulation (insulation), waterproofing (insulation) issues and problems.
